No. CCXXXVIII.

Securities.

C. D. their hrs exs ads and ass shall permit and suffer the sd Of Debt and (purchaser) his exs ads and ass to rece and take for his and their own use the int income and annual produce of the sd mos secties and preses until deft shall be made in paymt of all or any pt of any or either of the sd instalments of the sd sum of £ and the int thof at or on the days or times and in manner so as afd appted for the paymt of the same And also that after paymt by the sd (purchaser) his exs ads or ass of the sd sum of £ and the int thof and such costs &c. if any as afd the said A. B. and C. D. their exs ads and ass shall on the request and at the expence of the sd (purchaser) his exs ads or ass rele and assign the sd mos secties and preses or such pt and pts of the same as shall then remain undisposed of unto and to the use of the sd (purchaser) his exs ads and ass or as he or they shall direct And it is hby furr decld &c. (that the receipts of A. B. and C. D. shall be sufficient discharges, also if necessary a clause of indemnity to A. B. and C. D.) In witness &c. see ante, No. XLVI.

Liberty to cut

BARGAINS AND SALES OF TIMBER.

1. Liberty to cut and carry away.

wise.

2. Timber personal estate or other

3. Sale of timber by tenant in tail. 4. Inrolment of bargain and sale. 5. Stamp.

SECT. 1. Although on a sale of trees the liberty to cut and carry and carry away. them away is implied by law, yet it is prudent that the intention of

the parties should be expressly declared as to the extent of the power to be granted to the purchaser.

2. If the vendor of timber, who is owner of the estate, do not intend that the produce of the sale should go to his personal representatives, a declaration to that effect must be inserted in the bargain and sale, otherwise it has been held, that all timber which is agreed to be sold, and is cut after the vendor's death, will be part of his personal estate, Sugd. V. & P. 178, 8th edit.; 7 Ves. 437.

3. A tenant in tail cannot charge the estate after his death; if, therefore, he agree for the sale of trees growing on the inheritance, and die before they are severed, the vendee will not be permitted to fell one tree, but the heir shall have all the trees that are not severed, as part of the inheritance, Plowd. 259; Perk. sect. 58; 11 Co. 50;

Poph. 194. Some provision, therefore, for the death of the tenant in tail may be necessary in a contract for the sale of the growing timber by him.

Of Timber.

4. A bargain and sale of timber need not be inrolled, unless it be Inrolment of conveyed with the freehold lands, 11 Co. 52.

5. As to the stamp, see RELEASE.

bargain and sale. Stamp.

No. CCXXXIX.

Bargain and Sale of Timber.

No. CCXXXIX.

Of Timber.

This Indre &c. see ante, No. LXXXV. Betn (vendor) of &c. Testatum. of the one pt and (purchaser) of the other Witnesseth That in

of &c. to the sd (V.) in hand &c. pd

conson of the sum of £ by the sd (P.) at &c. the rect whof &c. He the sd (V.) Hath granted bargained and sold and by &c. Doth grant unto the sd (P.) his exs ads or ass All and singr the trees of oak ash birch sycamore and or. trees as they are set out and marked for sale standing and growing in the places as hnaftr mentd (parcels) Togr with full (a) liberty power and authority for the sd (P.) his Liberty to cut servants agents and workmen from the

day of

down, &c.

until the day of at all rease times to fell cut down grub up saw and work up the sd trees and wood And also to lay and place the bark of the oak trees in convenient places for drying And to have free ingress and egress with horses waggons carts and carriages to enter into and upon the sd premises for the purpose of taking and carrying away the sd trees and wood with the bark of the oaks And also to dig and make saw-pits in convenient places in the sd grds and to cut turf and get such sods and earth as may be necessary for working and converting the sd wood into charcoal doing as little damage or spoil thereby as may be and keeping in or near such parts of the sd preses as shall be marked out by the sd (V.) or his steward or agent To Have and to Habendum. Hold the sd timber and all and singr or. the preses hby bargained and sold or intended so to be with their apts unto the sd (P.) his exs ads and ass absolutely to and for his and their proper use and bent and as his and their own goods and chattels And the sd (V.) doth for himself his hrs &c. hby covt &c. with Covenants from

(a) As to this clause, see sect. 1.

vendor.

No. CCXXXIX.

and to the sd (P.) his exs &c. that he the sd (V.) at the time of Of Timber sealing and delivery of these prests hath in himself good right full power and Iful and absolute authty to grant bargain and sell the sd timber and or. trees hby bargd and sold or intended so to be And that he the sd (P.) his exs ads and ass from time to time and at all times hraftr within the space of mths next after

Good right to sell.

For quiet enjoyment.

Covenants from purchaser.

timber, &c.

the date of these prests shall and Ifully may have hold take rece and enjoy all and singr the timber and or. trees and preses hby granted bargd and sold or intended so to be with their and evy of their apts and fell hew and carry away the same witht any manner of hinderance interruption claim or demand whatsr of from or by him the sd (V.) his hrs exs ads or ass or any psn or psns claiming by from through under or in trust for him or them And the sd (P.) for himself his hrs &c. doth hby covt &c. with the sd (V.) that he shall and will within the space of mths

To clear away from the date of these prests fell hew and cut down the sd oak ash and other trees and draw and take them away with the boughs lops tops and bark thof And shall and will stock up around the body of the tree at the distance of at least

Fill up sawpits, &c.

feet

all the roots belonging to the sd trees for the purpose of clearing the ground And also shall and will at his or their own costs and chas fill up all such saw-pits as shall for the purps afd have been made by him or them And also mend and repair all the hedges and fences in and about the sd lds in all such places as shall be broken or otherwise damaged or destroyed in felling hewing or carrying away the sd timber (a). In witness &c. see ante, No. XLVI.

Bargains and Sales of Goods.

Obs. 1. By the 29 Car. 2, c. 3, s. 17, no contract for the sale of any goods, wares, and merchandizes, for the price of 101. sterling or up

(a) If the vendor be tenant in tail, see supra, sect. 2, and if it be so agreed, add, “And it is hereby further agrd and decld by and betn the pties hereto that in case the sd (V.) shall happen to die before the day of next ensuing and the sd (P.) shall be prevented from felling and severing the sd trees Then and in such case the exs or ads of the sd (I.) shall pay or allow unto the sd (P.) his exs ads or ass the value of such or so many of the sd trees as shall then remain unfelled and unsevered after the rate at which the same are hereby sold."

wards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part of payment; or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents lawfully thereunto authorized; as to the construction of this section, see Dig. p. ii. tit. FRAUDS.

2. A bargain and sale of goods, as a separate deed, is commonly called a Bill of Sale (see Bill of Sale); but a bargain and sale or assignment of fixtures is frequently inserted in leases, or the assignments of leases, see Index to Precedents.

Of Goods.